Most of us have heard the phrase “double jeopardy” and the general concept is pretty simple to understand: You cannot be prosecuted or punished for the same offense twice. This prohibition is found in the Fifth Amendment to the United States Constitution, Article I, Section 14 of the Indiana Constitution and is actually codified under Indiana Code (“IC”) 35-38-1-6 that a trial court may not enter judgement of conviction and sentence for both an offense…
Often times, when you are facing a criminal offense, prosecutors will offer to allow you to plead guilty to a certain count, dismiss the rest of the charges, with an agreement as to what the penalty will be. Typically this occurs in close to 90%+ of cases. Usually the parties come to an agreement, the plea agreement is entered into knowing what the penalty is in advance (or within a certain range), and the parties…
Getting Specialized Driving Privileges Under Indiana Law, courts may order the suspension of a person’s driving privileges in place of criminal charges or an ongoing investigation. Indiana drivers whose licenses have been suspended by the Indiana Bureau of Motor Vehicles or a court may petition to obtain a Specialized Driver’s Privilege (SDP). Specialized Driving Privileges allow Indiana residents to drive for specific purposes while their Indiana driver’s license is suspended. Under Ind. Code § 9-30-16-3,…
Having a felony on your record can pose significant challenges. A felony can hinder a person’s ability to find work as well as their ability to find a place to live. Clearly, being charged with a felony is a big problem that can have life altering consequences. The ability to get a felony reduced to a misdemeanor is a huge opportunity, as misdemeanors do not carry nearly the weight of felony convictions. Luckily, there are…